California Bans Ephedra

California Bans Ephedra

SACRAMENTOCalifornia has become one of three states to ban ephedra sales. Departing Governor Gray Davis signed SB 582 Oct. 12, adding California to the ephedra-free ranks of New York and Illinois.

Its been four long years, but Im extremely pleased that this modern day snake oil is finally off of store shelves, said Jackie Speier (D-San Francisco), the bills sponsor. Simply put, this bill will save lives and enhance public health and safety in California. ... California is doing the job that the federal government wontacting to save lives and protect consumers.

The bill prohibits sale or distribution of any dietary supplement product containing ephedrine group alkaloids. It does not apply to California-licensed health care practitioners who prescribe or dispense dietary supplement products containing ephedrine group alkaloids, except for reasons such as weight loss, bodybuilding or athletic performance enhancement. This article would also not apply to ephedra-containing supplements sold or distributed directly via a licensed health care practitioner or pharmacist when the dietary supplement product containing ephedrine group alkaloids is used solely for the purpose of treating patients.

According to the American Herbal Products Association (AHPA), the legislation places a statutory restriction on the scope of a practitioners practice by criminalizing the act of dispensing ephedrine-containing supplements for some of the most popular reasons people use ephedra products.

The exception that is probably of the most interest to California-based manufacturers such as San Diegos Metabolife is that dietary supplement products containing ephedrine group alkaloids are exempt if they are not for resale in California or sold or distributed directly to businesses located in California.

Speiers office reported this bill was introduced as the Food and Drug Administration (FDA) continued to drag its feet regarding ephedra. For example, FDA has not followed up on a 30-day comment periodissued in Aprilin regard to putting warning labels on ephedra products.

This was not Speiers first time sponsoring ephedra legislation. Speier introduced a similar bill in 2001, but it was shot down by the California Assembly Health Committee. At the time, Speier was asking for better regulation rather than a ban of ephedra-containing supplements. The requests outlined in the 2001 bill included mandatory advertising and label warnings about possible adverse effects and guidelines on in-store accessibility.

In 2002, Davis signed another Speier/ephedra bill into law, which followed the 2001 proposal. At the time he signed the bill, Davis stated, While regulation of dietary supplements and interstate commerce is the responsibility of the federal government, Californians cant wait for federal action that is too long overdue.

SB 582 was supported by the California Medical Association, Consumers Union and other public health advocates. It was opposed by the Ephedra Education Council and Metabolife. The legislation becomes effective on Jan. 1, 2004.

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